Trump signs executive order supporting private ownership in space
President Trump today signed a new executive order reiterating the United States’ support for private enterprise in space, including the ownership of any resources mined or obtained from other orbiting bodies, such as the Moon and the asteroids.
The text of the order is here. It acts to underline previous laws passed by Congress supporting private ownership in space. It also does three things:
1. It makes it very clear that the U.S. will oppose any effort by the international community to impose the Moon Treaty in space. This U.N. law, which is not the Outer Space Treaty that has governed space since 1967, was never ratified by the U.S., and in fact was only signed by seventeen countries. Its provisions were hostile to private property and private enterprise, essentially making both impossible in space. Thus, today’s executive order states:
The United States is not a party to the Moon Agreement. Further, the United States does not consider the Moon Agreement to be an effective or necessary instrument to guide nation states regarding the promotion of commercial participation in the long-term exploration, scientific discovery, and use of the Moon, Mars, or other celestial bodies. Accordingly, the Secretary of State shall object to any attempt by any other state or international organization to treat the Moon Agreement as reflecting or otherwise expressing customary international law.
2. The order re-emphasized the U.S.’s commitment to allowing private companies to retain ownership of any resources they mine from other worlds. Though the Outer Space Treaty appears to allow this, there is some uncertainty, and because that treaty also forbids nations from claiming any territory to establish their sovereignty and laws upon that territory, establishing the ownership of mining resources under U.S. law remains unsure. Today’s order essentially states that U.S. law will apply to those resources:
Americans should have the right to engage in commercial exploration, recovery, and use of resources in outer space, consistent with applicable law. Outer space is a legally and physically unique domain of human activity, and the United States does not view it as a global commons. Accordingly, it shall be the policy of the United States to encourage international support for the public and private recovery and use of resources in outer space, consistent with applicable law.
3. The order makes clear that the U.S. will use all of its influence to convince all other space-faring nations to agree to this approach.
This last item might be the most important. If the Trump administration can convince all other nations to some new approach that allows for private property in space, the difficulties created by the Outer Space Treaty might be bypassed.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
President Trump today signed a new executive order reiterating the United States’ support for private enterprise in space, including the ownership of any resources mined or obtained from other orbiting bodies, such as the Moon and the asteroids.
The text of the order is here. It acts to underline previous laws passed by Congress supporting private ownership in space. It also does three things:
1. It makes it very clear that the U.S. will oppose any effort by the international community to impose the Moon Treaty in space. This U.N. law, which is not the Outer Space Treaty that has governed space since 1967, was never ratified by the U.S., and in fact was only signed by seventeen countries. Its provisions were hostile to private property and private enterprise, essentially making both impossible in space. Thus, today’s executive order states:
The United States is not a party to the Moon Agreement. Further, the United States does not consider the Moon Agreement to be an effective or necessary instrument to guide nation states regarding the promotion of commercial participation in the long-term exploration, scientific discovery, and use of the Moon, Mars, or other celestial bodies. Accordingly, the Secretary of State shall object to any attempt by any other state or international organization to treat the Moon Agreement as reflecting or otherwise expressing customary international law.
2. The order re-emphasized the U.S.’s commitment to allowing private companies to retain ownership of any resources they mine from other worlds. Though the Outer Space Treaty appears to allow this, there is some uncertainty, and because that treaty also forbids nations from claiming any territory to establish their sovereignty and laws upon that territory, establishing the ownership of mining resources under U.S. law remains unsure. Today’s order essentially states that U.S. law will apply to those resources:
Americans should have the right to engage in commercial exploration, recovery, and use of resources in outer space, consistent with applicable law. Outer space is a legally and physically unique domain of human activity, and the United States does not view it as a global commons. Accordingly, it shall be the policy of the United States to encourage international support for the public and private recovery and use of resources in outer space, consistent with applicable law.
3. The order makes clear that the U.S. will use all of its influence to convince all other space-faring nations to agree to this approach.
This last item might be the most important. If the Trump administration can convince all other nations to some new approach that allows for private property in space, the difficulties created by the Outer Space Treaty might be bypassed.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
Capitalism in space!
Those are good news, reinforcing prior decisions.
While nations (and private entities under their jurisdiction) cannot claim legal ownership of outer space territories (yet), they can establish factual ownership through presence. Being there beats not being there. And what they mine is theirs. And if they’re under US protection, who really could enforce opposing claims?
I already see cartoons coming from Europe (w/o Luxembourg) showing Trump/America as either cosmic imperialists or space cowboys.
This subject would be classic for the previously classic “Fred Freindly” type of show (Constitution -that delicate balance?)
https://en.wikipedia.org/wiki/The_Constitution:_That_Delicate_Balance
Perhaps a YouTube round table of persons from NASA, commercial space, legal (national and international) …etc. to debate and “war game” the various scenarios on the exploitation/exploration of space and space objects.
Subjects could include:
– real estate claims on the moon (water resources come to mind)
– orbital “real estate” above the earth and various other bodies (geo synchronous and Lagrange points?)
– enforcement of agreements in space – who has the authority? Might is right? Does a space infraction warrant a terrestrial response?
– Laws in space – who’s laws?
Etc.
Mr Z, you could moderate.
I have watched a bunch of those. I would see them on PBS every now and then.
I enjoyed them. They bored the other half tho.
But I would enjoy a round table.
Can we put AOC on the panel for comic relief?
(sarc)
Chris / sippin_bourbon–
I recall watching those as well, on our local PBS station.
Anyone want to own a Asteroid how about a Comet want t o buy the Moon? hey i want to build a place on a far away planet and send all the liberals there to live
How about two simple rules to start.
You (a human intending to own the property) must live on the land. A majority of an Earth year. For 5 years.
You must work the land towards eventual profit. You can not just squat and wait. You can only claim the land you are actively working.
pzatchok: Um, wouldn’t it be great if someone had already proposed such an idea?